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2026 DAILYLAW 27481 (KAR)

SRI. G R DEEPAK v. SMT. M HARIKA KEERTHI

CP/59/2026 · 2026-07-06

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33932 CP No. 59 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 59 OF 2026 BETWEEN: SRI. G.R. DEEPAK 8/O G.K. RAMA MOORTHY AGED ABOUT 40 YEARS R/AT FLAT NO. 104, MY HOME SANNIDI 1ST CROSS, ALFA GARDEN, KODIGEHALLI MAIN ROAD, K.R.PURAM, BENGALURU - 560 036. …PETITIONER (BY SRI. SHIVASHANKAR K, ADVOCATE) AND: SMT. M. HARIKA KEERTHI W/O G.R. DEEPAK AGED ABOUT 34 YEARS, R/AT NO. 1/2600, KALIKAMBA TEMPLE STREET, N.R. EXTENSION, CHINTHAMANI CHIKKABALLAPURA DISTRICT - 563 125. …RESPONDENT (BY SRI. B.V. GANGIREDDY, ADVOCATE) THIS CP IS FILED UNDER SECTION 115 OF CPC, PRAYING TO TRANSFER THE PETITION FILED BY THE RESPONDENT WHICH IS PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33932 CP No. 59 of 2026 JMFC AT CHINTHAMANI, CHIKKABALLAPURA, DISTRICT, i.e, CMC 298/2020 TO THE COURT OF PRINCIPAL FAMILY JUDGE AT FAMILY JUDGE AT BENGALURU, WHEREIN THE PETITION FILED BY THE PETITIONER i.e. M.C.NO.6195/2021 IS ALSO PENDING BEFORE THE COURT FOR CONSIDERATION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER Heard the arguments of learned counsel for both sides. 2. This Civil Petition is filed by the husband for transfer of CMC No.298/2020 filed by the wife for maintenance before the Principal Civil Judge and JMFC at Chintamani, Chikkaballapura District. 3. It is stated by the learned counsel for the petitioner that the petitioner has already filed his chief affidavit and the matter is presently posted for marking of documents. It is further stated that C.C.No.443/2021 is - 3 - HC-KAR NC: 2026:KHC:33932 CP No. 59 of 2026 filed by the respondent/wife is pending before the 37th ACJM, Bengaluru. The respondent has also filed CMC No.298/2020 seeking maintenance before the Principal Civil Judge and JMFC at Chintamani, Chikkaballapura District. It is stated that the said matter is posted for cross-examination of the respondent and the respondent has already filed objections. It is further stated that the respondent/wife is presently residing at Chintamani. She came to Bengaluru only to attend her Chartered Accountancy examinations and stayed there for 15 days. The address given for communication is her father's friend's address, whereas her permanent residential address is at Chintamani. It is also stated that the respondent is not working in "Crestworth Management Partners Pvt. Ltd." The distance between Bengaluru and Chintamani is 83 kilometres. 4. Learned counsel for the respondent has produced a document dated 27.02.2026, which indicates that the respondent was employed as an Assistant - 4 - HC-KAR NC: 2026:KHC:33932 CP No. 59 of 2026 Manager-Finance & Accounts in "Crestworth Management Partners Pvt. Ltd." till 27.02.2026. Learned counsel further stated that she is presently not working in Bengaluru. It is also submitted that she appeared for the final examinations of the Chartered Accountancy course in Bangalore. The petitioner is a bank employee. It is stated that the respondent/wife is presently residing at Chintamani and it would be difficult for her to travel a distance of 83 kilometres to attend the Court at Bengaluru. But the respondent had travelled to Bengaluru to attend her Chartered Accountancy examinations and previously she also worked in Bengaluru. Therefore, the fact that she is presently residing at Chintamani cannot be accepted as a reason for transfer. 5. Learned counsel for the petitioner requested for transfer of CMC No.298/2020 filed by the wife for maintenance to the Court of Principal Family Judge at Bengaluru. However, the said case is already at the stage of the respondent's evidence. Therefore, now at this stage, - 5 - HC-KAR NC: 2026:KHC:33932 CP No. 59 of 2026 it cannot be transferred. Accordingly, this Civil Petition filed for transfer of CMC No.298/2020 is devoid of merit and is dismissed. 6. The Principal Civil Judge and JMFC at Chintamani, is specifically directed not to insist upon the personal appearance of the petitioner/husband on every date of hearing unless there is any requirement. The petitioner shall be permitted to be represented through his learned counsel. The Family Court is at liberty to dispose of the matter as expeditiously as possible. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 3